×
You have 2 more free articles available this month. Subscribe today.
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category
Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender based on risk assessment points accumulated as a result of factors relevant to his crime and prison behavior. Barnett appealed, contending that he was wrongly assessed 10 points for not accepting responsibility for his crime and 10 points for poor prison behavior, and thus shouldn't have been classified at level II even though his total points, without the 20 that he complained of, still placed him in the risk level II category.
On appeal, the New York Court for the 3rd Department of its Appellate Division found that because Barnett's risk assessment points placed him in category II even without the 20 points complained of, his level II classification was appropriate. Barnett's appeal was thus dismissed. See: New York v. Barnett, 32 A.D.3d 1132, 821 N.Y.S.2d 484
(N.Y.A.D. 3 Dept. 2006).
On appeal, the New York Court for the 3rd Department of its Appellate Division found that because Barnett's risk assessment points placed him in category II even without the 20 points complained of, his level II classification was appropriate. Barnett's appeal was thus dismissed. See: New York v. Barnett, 32 A.D.3d 1132, 821 N.Y.S.2d 484
(N.Y.A.D. 3 Dept. 2006).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
New York v. Barnett
| Year | 2006 |
|---|---|
| Cite | 32 AD.3d 1132, 821 NYS.2d 484 (NYAD 3 Dept. 2006) |
| Level | State Court of Appeals |
| Injunction Status | N/A |